Conditional Use Approval Application #008-2010
OWNER(S): Kim L. Desfosses
APPLICANT: Kim L. & David Desfosses
LOCATION: 4 Mullen Hill Way, Somesville
TAX MAP: 10 LOT: 41-1 ZONE(S): VR2
PURPOSE: Section - 3.4 - Animal Husbandry - Keeping of Livestock – Up to 6 Chickens
SITE INSPECTION: 4:30 PM
Checklist
Land Use Zoning Ordinance of the Town of Mount Desert
** Note: All Conclusions of Law are to be read as if they are prefaced by the words “Based upon said Findings of Fact …”
SECTION 6 STANDARDS FOR USES, PERMITS AND APPROVALS
6A GENERAL PERFORMANCE STANDARDS
6A. 1 Compatibility The proposed use shall be compatible with the permitted uses within the district in which it is located as measured in terms of its:
ign="left" style="line-height:150%;vertical-align:150%;text-align:left;">Visual Impact:
Findings of Fact(s): The structure is a 4’ X 8’ X 6’ building.
Proximity to other structures:
Findings of Fact(s): The coop will be approximately 100’ from the nearest building.
Density of Development:
Findings of Fact(s): Within the guidelines (4-0)
Conclusion of Law for s. 6A. 1 Compatibility: The proposed use will / will not be compatible with the permitted uses within the district in which it is located as measured in terms of its physical size, visual impact, proximity to other structures, and density of development.
VOTE (4-0)
6A. 2 Erosion Control X N/A ical-align:150%;text-align:left;">Findings of Fact(s): Section 6A.2 is Not Applicable. VOTE (4-0)
Conclusion of Law: Section 6A.2 is Not Applicable. VOTE (4-0)
6A. 3 Highway Safety The proposed use shall not cause unreasonable congestion on highways or public
roads, or unsafe conditions with respect to the use of highways or public roads existing or proposed.
X N/A ; X N/A /u> N/A nbsp; Section 6A.8 is Not Applicable. VOTE (4-0)
6A. 9 Preserving the Town's Character The proposed use shall be consistent with protecting the general character of the Town, conserving the natural beauty of the area and shall not tend to change the historical or cultural character of the neighborhood. ~Such use shall be similar to a use specified as P, CEO or C in Section 3.4 and shall be in accord with the Comprehensive Plan.
X N/A >Dust; X N/A nbsp;
VOTE (4-0)
Conclusion of Law: The proposed use will not be obnoxious by the reasons listed above.
VOTE (4-0)
6B SPECIFIC PERFORMANCE STANDARDS FOR ACTIVITIES AND LAND USES
X N/A (Except for Section(s): 6B.1)
6B. 1 Agriculture In non-shoreland areas, all spreading or disposal of manure shall be accomplished in conformance with the Manure Utilization Guidelines published by the Maine Department of Agriculture on November 1, 2001, and the Nutrient Management Law (7 M.R.S.A. sections 4201-4209). In shoreland areas, all spreading or disposal of manure shall comply with Section 6C.1.
Findings of Fact(s): The applicant agrees to comply with t he standards of Section 6.B.1.
(4-0)
VOTE (4-0)
Conclusion of Law: The standards of Section 6.B.1. are met. (4-0)
VOTE (4-0)
6C SHORELAND ZONING STANDARDS
X N/A (Except for Section(s): 6C. none)
Findings of Fact(s): Section 6C Shoreland Zoning is Not Applicable. VOTE (4-0)
Conclusion of Law: Section 6C Shoreland Zoning is Not Applicable. VOTE (4-0)
FOR BOARD USE
CONDITIONAL USE PERMIT/approval
PERMIT CONDITIONS: In addition to all applicable federal, state, and town permits be in place prior to any construction, the following conditions apply:
None
VOTE (4-0)
APPLICATION
APPROVED: 5/24/2010 DENIED:
(Date) (Date)
NOTE: The holder of a Conditional Use Permit/Approval must construct and operate the approved conditional use as applied for and as represented during the permitting process to the Planning Board.
NOTE: The Land Use Zoning Ordinance requires that a Conditional Use Permit/Approval must be undertaken within one year from the date of approval, or a new permit must be obtained.
MINUTES OF THIS PUBLIC HEARING CONSTITUTE A PART OF THE RECORD FOR THIS MATTER
SIGNATURES OF ALL VOTING BOARD MEMBERS:
Gerard M. Miller
James L. Clunan
Joseph Tracy
ORIGINAL SIGNATURES ON FILE IN TOWN OFFICE.
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